Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

The scope of the rule of validity of the adjudicated matter in the final decisions (with emphasis on the settlement of the dispute)

Document Type : research

Authors
Soghra Zainpour Jammeh 1
Sam Mohammadi 2
Hamid Abhari 3
1 PhD student of Private Law, Department of Law, Mazandaran University, Mazandaran, Iran.
2 Professor of Private Law Department, Faculty of Law and Political Science, Mazandaran University, Mazandaran, Iran.
3 Professor, Private Law Group, Faculty of Law and Political Science of University of Mazandaran, Mazandaran, Iran
10.22034/ejs.2023.408051.1492
Abstract
Background and Aim: Among the challenging issues regarding the validity of the adjudicated matter, regarding the possibility or impossibility of extending the rule to the final decisions; In particular, the lawsuit is expected to fall, which has caused confusion in the judicial courts and especially among the legal doctrines.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Findings: In the law of civil procedure, finality is special for opinions that cannot be sued by normal means, and this is the same meaning that can be deduced from French law.
Conclusion: The results of the upcoming research indicate that the rule of validity of the adjudged matter governs the opinions issued in the nature of the lawsuit and are conclusive. This is the reason why the judicial procedure does not include other final orders issued by the court as valid except for the decision to drop the case.
Keywords
The final order
the fall of the lawsuit
the nature and verdict
the decisive orders of the lawsuit
Subjects
Strategic Studies of Jurisprudence and Law
Volume 5, special issue - Serial Number 5
Studies of economic jurisprudence
Summer 2023
Pages 153-168